California Court of Appeal

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M'Guinness v. Johnson, 040614

In a suit among shareholders, alleging breach of fiduciary duty and other claims arising out of the operation of a small construction firm, the denial of plaintiff's motion to disqualify a law firm due to a conflict of interest is reversed where the trial court abused its discretion in denying the motion to disqualify because if a party moving to disqualify an attorney establishes concurrent representation, the court is required, in all but a few instances, to automatically disqualify the attorney without regard to whether the subject matter of the representation of one client relates to the representation of a second client in the lawsuit.

Appellate Information

  • Decided
  • Published 2015/12/30

Judges

  • MARQUEZ

Court

  • California Court of Appeal

Counsel